(a) As used in this section:
(1) "City project" means new construction, alteration, repair, installation, painting, decorating, completing, demolition, conditioning, reconditioning or improvement of public buildings, works or roads authorized by a contracting agent, the cost of which is clearly anticipated to be in excess of fifty thousand dollars ($50,000). The term "City project" shall not include work done pursuant to any collective bargaining agreement between the City and its employees, and shall exempt any internal Municipal projects performed by full or part-time Municipal employees.
(2) "Construction mechanic" means a skilled or unskilled mechanic, laborer, worker, helper, assistant or apprentice working on a City project, but shall not include executive, administrative, professional, office or custodial employees.
(3) "Contracting agent" means any officer, board or commission of the City authorized to enter into a contract for a City project, or to perform a City project by the direct employment of labor.
(b) Every contract for a City project, as defined herein, which is executed between a contracting agent and a successful bidder as contractor, entered into pursuant to an advertisement and an invitation to bid for the City project, which requires or involves the employment of construction mechanics, and which is financed, in whole or in part, by the City, shall contain an express term that the rates of wages and fringe benefits to be paid to each class of mechanics by the bidder and all of his or her subcontractors shall be not less than the rates of wages and fringe benefits prevailing in the City as established by the most recent survey of the Michigan Department of Labor for Prevailing Wage Determination under Act 166 of the Public Acts of 1965, as amended.
(c) A schedule of the prevailing wages and fringe benefits for all classes of construction mechanics called for in a contract shall be made a part of the specifications for the work to be performed on a City project, and shall be printed in the bidding forms where work is to be done by contract.
(d) Every contractor and subcontractor on a City project shall keep posted, in a conspicuous place on the construction site, a copy of all prevailing rates of wages and fringe benefits prescribed by the contracts, and shall keep accurate records showing the name, occupation and actual wages and benefits paid to each construction mechanic employed by him or her in connection with said contract. This record shall be made available on demand for inspection by the contracting agent or the City.
(e) The contracting agent, by written notice to the contractor and the sureties of the contractor known to the contracting agent, shall terminate the contractor's right to proceed with the part of the contract and City project for which less than the prevailing rates of wages and fringe benefits has been paid or will be paid, and may proceed to complete the contract by separate agreement with another contractor. The contracting agent shall withhold payment for work done until liabilities for unpaid wages and excess costs to the City for reletting the work have been met.
(f) Whoever violates any provision of this section is guilty of a misdemeanor and shall be subject to the penalty provided in Section 207.99. In addition, any contractor found to be in violation of this section by a contracting agent shall be disbarred for two years from bidding on any City project.
(Res. 94-421. Passed 7-5-94.)